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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 9, 2002

LAND USE HEARING

(#91)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jill Bennett, Matt Lafferty, and Claudia DeLude, Planning Department; Ed Woodward and Roxann Hayes, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.

1. MEMORANDUM OF UNDERSTANDING REGARDING THE I-25 CORRIDOR

This is a request for approval of a memorandum of understanding. Staff findings include 1. The I-25 Corridor Plan was adopted as an element of the Larimer County Master Plan in July 2001; 2. The I-25 Corridor Plan Implementation Section includes develop of a regional agreement as a high priority implementation action item; 3. The proposed Memorandum of Understanding Regarding the I-25 Corridor provides a basis for continued cooperation between the participating communities in order to implement the I-25 Corridor Plan. Staff recommendation is approval of the Memorandum of Understanding Regarding the I-25 Corridor.

2. LARIMER COUNTY POUDRE RIVER BRIDGE ON TAFT HILL ROAD FLOOD PLAIN SPECIAL REVIEW: APPROXIMATELY 1 MILE NORTH OF VINE DRIVE IN SECTIONS 33 & 34, T8N, R69W

This is a request to approve the FPSR based on the Flood Review Board's recommendation of approval. Staff finding is that all review criteria in Section 4.2.2.G.2 of the Land Use Code have been met. Staff recommendation is approval of the Flood Plain Special Review for the bridge replacement project over the Poudre River on Taft Hill Road.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

3. FOSSIL LAKE PLANNED UNIT DEVELOPMENT SWIFT ADDITION AMENDMENT: 09-06-68; LOCATED ALONG THE EASTERN BOUNDARY OF THE FOSSIL LAKE PUD, APPROXIMATELY 1/4 MILE SOUTH AND EAST OF THE INTERSECTION OF COUNTY ROADS 36 AND 9.

This is a request for an amendment to the Fossil Lake PUD Swift Addition PD to modify the standard setback requirements of the Supplemental Regulations to the Larimer County Land Use Code - Section 8.9.2.A.1.I.E.4.b. Specifically requested is 1. A reduction to the side yard setback between all estate lots from 20 feet to 15 feet; 2. A reduction to the side yard setback for lots adjacent to greenbelts from 20 feet to 12-feet; 3. A reduction of the 100-foot minimum lot width to 80 feet; 4. An adjustment to the lot lines between Lots 27 and 28. Staff recommendation is that the Board deny all 4 of the requests to amend the requirements of Section 8.9.2.A.1.I.4.E.b of the Larimer County Land Use Code Supplemental Regulations for the Fossil Lake PUD Swift Addition PD.

Mr. Lafferty stated that this item was referred to the City of Fort Collins due to the current Intergovernmental Agreement (IGA) and was unanimously denied. Fort Collins staff, Mr. Lafferty continued, believes that if the applicant reduces the number of units per cul-de-sac, the applicants' justification for the requests would be satisfied.

Mr. Stan Everitt, the applicant, provided history and background on the entire Fossil Lake area and noted that architectural controls encourage side entrances for garages or a minimum of 8-feet back from the front of the unit. Mr. Everitt further noted that no fencing is permitted outside of a building envelope, which aesthetically provides for larger open lots.

Chair Gibson noted that there is no public present to address this issue. Commissioner Rennels asked why the City denied the application and Mr. Lafferty stated that staff rational is the existing IGA with Fort Collins and that the City staff denied because it was the politically correct thing to do. The Board, Mr. Lafferty stated can interpret the IGA, but staff does not have that latitude.

Mr. Everitt stated that the City approval the original Swift Addition, but at final plat it was determined that the design was not complementary to the existing development. The currently proposed Swift Addition reduces the number of lots by 16 units than that which was originally approved.

Commissioner Bender stated that the proposed Swift Addition amendments appear to carry many advantages over the original proposal. Commissioner Rennels noted that the second request to reduce from 20-feet to 7-feet was fairly drastic and stated that she could support a reduction to 10-feet. Chair Gibson stated that a 10-foot side setback should be a minimum to allow a resident to pull a boat or camper around back. Commissioner Bender stated that he preferred a 12-foot setback for the side yard.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Fossil Lake PUD Swift Addition Amended Amendment as presented but allow a reduction of side yard setback from 20-feet to 12-feet.

Motion carried 3 - 0.

4. ARVIDSON ZONING VIOLATION: Ms. DeLude noted that a building permit has been issued for this site and at this time, the violation has been cured and removed it from the agenda.

5. FRISCO/NO RESPECT INC. ZONING VIOLATION: 6503 EAST COUNTY ROAD 14, LOVELAND

This is an alleged violation of the Land Use Code pertaining to 1. The storage of inoperable/unlawful vehicles is not a permitted use in a C-Commercial zoning district; 2. Failure to complete Site Plan Review prior to the operation of a commercial stone business; 3. A junkyard is not a permitted use in the C-Commercial zoning district. Staff findings include 1. The property is zoned C-Commercial; 2. The storage of inoperable/unlicensed vehicles is a violation of the Larimer County Land Use Code; 3. The use of the parcel for a commercial business, without the benefit of Site Plan Review, is a violation of the Larimer County Land Use Code; 4. The use of the parcel for the storage of miscellaneous junk is not a permitted use in this zoning district; 5. The continued use of the property, in violation of the Larimer County Land Use Code, will affect property values in the neighborhood. Staff recommendation is to find a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met. Compliance would require that all miscellaneous junk and unlicensed/inoperable vehicles are removed from the parcel and that Site Plan Review approval is obtained.

Ms. DeLude briefed the Board on past zoning violations of the parcel and noted that recently, another business has started operation of the site without the benefit of a Site Plan Review.

Mr. David Frisco, property owner, stated that for 20-years the parcel has been a salvage/scrap iron business and continues today as well as used car sales and trailer businesses. Mr. Frisco stated that he holds an auto dealer license and the use is permitted in his zoning designation. Mr. Helmick stated that the businesses started after the adoption of the Land Use Code in 2001 and therefore Mr. Frisco should have and still is required to go through the Site Plan Review process.

Commissioner Rennels stated that past correspondence stated that the site would be cleaned up by April 23, 2001 and asked about the status. Mr. Frisco stated that he is about a year behind schedule but is still working on it. Commissioner Rennels asked when the cleanup may be completed and Mr. Frisco stated that in light of the continued harassment from the County, he is not willing to commit to any time frame.

Commissioner Bender asked what is the status of the site plan review and Mr. Frisco stated that the stone business has closed but he would be sure the next tenant knows about the required site plan review process. Chair Gibson stated that the goal is to bring the property into compliance and resolve the violations and asked for an approximate completion date. Mr. Frisco guessed that the metal, mobile homes and inoperable vehicles would be removed by February 14, 2003.

At this time the hearing was closed and Commissioner Bender stated the there has been no site plan review for any of the current businesses mentioned and that until the review has been completed, it can not be determined what must be removed. Mr. Frisco stated that he is currently building a residence on the 11-acre site and clean up of the parcel is secondary to the home. Ms. DeLude stated that she is unaware of a residence and asked its' location on the site. Mr. Frisco chastised that if staff had investigated more thoroughly, they would know about the residence. At this time Mr. Frisco left the hearing.

Commissioner Rennels suggested this item be tabled and a letter be sent to clarify the current uses on the parcel and submit a site plan review inclusive of the uses and try one more time to achieve clarification. Commissioner Rennels stated that at this point, she is not sure what Mr. Frisco is in violation of.

Ms. Haag suggested that staff could visit the site and make an inventory of the contents of the site and communicate what each piece of "stuff" is to be used for and in what business.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the No Respect/Frisco Zoning Violation to October 14, 2002 at 3:00 p.m. and work with staff to send correspondence from the Chair.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 4:20 p.m.

LAND USE HEARING

(#91 & 92)

The Board of County Commissioners met with Russ Legg, Chief Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Pete Wray, City of Fort Collins Planner; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. EAST MULBERRY CORRIDOR PLAN

This is a request to recommend to the Planning Commission the adoption of the East Mulberry Plan as an element of the Larimer County Master Plan and to amend the Larimer County Transportation plan accordingly. Staff recommendation is 1.) The Board of County Commissioners recommend to the Larimer County Planning Commission the adoption of the East Mulberry Plan as an element of the Larimer County Master Plan and 2.) Amendments to the Larimer County Transportation Plan.

Mr. Legg briefed the Board on the plan and its' purpose and noted that it has been a joint effort between the County and the City of Fort Collins and that east Mulberry is considered as a major gateway to Fort Collins.

Ms. Sealy Rup, representative of the Donaldson Company, stated that she agrees with many aspects of the plan with the major exception of the 300-foot "buffer" on each side of the slough for wildlife habitat and protection of the slough. Ms. Rup stated that the Division of Wildlife has visited the site on three separated occasions and observed no "special" wildlife at the slough.

Mr. Mark Overschmidt of Northern Engineer stated that detention and water quality ponds could co-exist and complement the slough and wildlife habitat.

Mr. Jim Conkle, a Civil Engineer stated that he has studied the slough for several years and provided a slide show to emphasize the importance of the slough. Mr. Conkle stated that he studied the areas of wildlife and vegetation, water resources, and drainage and the end result is that the slough is not perennial and should not require more that a 100-foot setback.

Mr. James Smith, Donaldson Company, provided a video of the area around the slough and noted that the slough was originally made by farmers to re-capture irrigation water to send further south. The width of the slough, Mr. Smith continued is 12-14-feet during the wet season and maybe 4-feet during the dry season, yet the City of Fort Collins want a 600-foot buffer/setback. As if the buffer is not enough, the City also wants a trail easement and additional setbacks for each building. Mr. Smith noted his issues with the plan include a lack of standards. As a developer, Mr. Smith stated, he is required to submit a very detailed traffic study, yet the City only provided a traffic model using assumptions. Ms. Smith noted that he had presented the City with alternatives for the slough area so it would be accessible to the handicapped as well as other citizens to enjoy the wildlife but has had no response.

Mr. Rick Zier, attorney for the Donaldson Company made the following observations for the Boards consideration 1. No factual data to require a 300-foot setback or buffer; 2. Adjacent land has been working farmland for years right up to the slough. It is not a national treasure, unique wetland or habitat to require such setbacks; 3. No support from the Division of Wildlife for such a setback/buffer; 4. Previously, the City of Fort Collins and Larimer County staff have supported the extension of Weiker Drive but now change their minds. Mr. Zier asked the Board to recommend denial of the plan or table a decision until scientific evidence becomes available to support the requirements.

Chair Gibson asked why the plan does not recognize the County's recommended setback of 100-feet and Mr. Legg replied that both entities want to protect the slough and that regulations will be put in place for the County to recommend a 300-foot setback also. However, Mr. Legg continued, an applicant could appeal to have the setback reduced. Mr. Legg further noted that the "heart" of the County Master Plan is cooperative efforts with municipalities to work toward a like vision of a particular area.

Chair Gibson noted that there is no planned cross access from International Boulevard and asked why. Mr. Legg stated that the extension of International Boulevard would cause it to cross the slough. The traffic model provided by the consultant says that no additional roads are needed and that studies and market analysis also recommend that Weikert Drive need not be extended to move traffic or people more efficiently.

Commissioner Rennels noted that the science information is good but that there are no pending projects to utilize that science and supports a favorable recommendation to the Planning Commission. Commissioner Bender agreed and encouraged affordable housing in the area and noted that xeriscaping should be addressed in the plan.

Chair Gibson stated that from a long range planning standpoint, it would be advantageous to extend International Boulevard.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners recommend adoption of the East Mulberry Corridor Plan to the Planning Commission.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:45 p.m.

TUESDAY, SEPTEMBER 10, 2002

ADMINISTRATIVE MATTERS

(#93)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Tony Simons, Wildfire Safety Coordinator; George Hass, Jeannine Haag and Linda Connors, County Attorneys' Office; Donna Hart and Deni La Rue, Commissioners' Office; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Mike DiTullio, Fort Collins Loveland Water District acknowledged Jerry White, Engineering Department, for all his assistance regarding the easement agreements for a water line on County property. Mr. DiTullio noted Mr. White's professionalism and cooperation and expressed his appreciation.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 2, 2002: Commissioner Rennels noted that during her discussion of the mill levy for the Health Department, she was originally in favor of a 10-year sunset provision and request the minutes be corrected to reflect such.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of September 2, 2002 as amended.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 16, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of September 16, 2002 as amended.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the following items be approved as presented on the consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Colorado Commerce Center; Genesee Co/ Boyd Lake; Genesee Co/Waterfront; McCrery (deceased); Soft Touch Manufacturing; Westgate Hospitality; and Yancy Food Service.

A02-148 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT

A02-149 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SYLVAN DALE RANCH, LLP AND BIG VALLEY HOMESTEADS II ASSOCIATION FOR BIG VALLEY HOMESTEADS II RURAL LAND PLAN

A02-150 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RIVER CENTER 30 PARTNERSHIP, LLP FOR OFFICE AND INDUSTRIAL SPACE

A02-151 EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CITY OF FORT COLLINS, CITY OF LOVELAND AND THE FORT COLLINS-LOVELAND WATER DISTRICT

R02-181 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR THE INTERCHANGE BUSINESS PARK

R02-182 FINDINGS AND RESOLUTION APPROVING THE FLOYD HICKS SUBDIVISION LOT 8 DIMENSION APPEAL

R02-183 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT FOR FLOYD HICKS SUBDIVISION/REPLAT OF LOT 8

R02-184 RESOLUTION ADOPTING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE- Block Three

R02-185 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF FORT FUN MINOR LAND DIVISION

R02-186 FINDINGS AND RESOLUTION APPROVING THE ALVERSON RURAL LAND PLAN APPEAL

R02-187 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR BIG VALLEY HOMESTEAD II RURAL LAND PLAN

R02-188 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS- Timmermans, Bishop, Taylor, Johnson, Dean, Rice, and Robles

R02-189 RESOLUTION FOR CONVEYANCE OF PROPERTY BY THE BOARD OF COUNTY COMMISSIONERS TO THE FORT COLLINS-LOVELAND WATER DISTRICT

MISCELLANEOUS: Second quarter report from the Public Trustee for 2002; Final plat for Big Valley Homestead II Rural Land Plan; and Amended plat for lot 13 in Diamond Farms Rural Land Plan.

LIQUOR LICENSES: The following license was approved Dun Raven Inn- Hotel & Restaurant- Estes Park, CO. The following licenses were issued Poudre Landmarks Foundation- 6% Special Events- Fort Collins, CO; Cottonwood Hollow Enterprises, Inc- Hotel & Restaurant- Livermore, CO; and Schrader Country Store 440- 3.2%- Fort Collins, CO.

Motion carried 3 - 0.

5. REQUEST FOR APPROVAL TO SUBMIT APPLICATION FOR 2003 WILDLAND URBAN INTERFACE GRANT: Mr. Simons requested approval to submit the 2003 Wildland Urban Interface Grant for $85,000, which contributes to the County Slash Program.

M O T I O N

Commissioner Bender moved that the Board of County Commissioner approve submission of the Wildland Urban Interface Grant for $85,000 for 2003.

Motion carried 3 - 0.

6. WORK SESSION: Mr. Gluckman provided the Board with an update regarding the County's Contiguity Plan in the event of an emergency at County offices. Mr. Gluckman also noted that the Vehicle Policy is being reviewed and that the Assessor Elect is willing to participate in discussions regarding the use of County vehicles in that office.

Commissioner Rennels suggested a work session to discuss the issue of increasing the Board of Commissioners to five and the potential of forming a small committee to review all options as well as the Home Rule option.

7. LEGAL MATTERS: Ms. Connors presented the revised Ordinance for Animal Control and Dog Licensing and reviewed the changes previously requested by the Board. Ms. Connors noted that this meeting constitutes the first reading of the ordinance.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the First Reading of the Resolution and Ordinance for Animal Control and Dog Licensing.

Motion carried 3 - 0.

A public hearing will be held October 10, 2002 at 6:00 p.m. regarding this ordinance

EXECUTIVE SESSION (No affidavit provided)

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:30 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 10:40 a.m.; no action was taken.

Special Meeting Of the Board

The Board of County Commissioners met with Jean O'Connor, Clerk to the Board; Chair Gibson presided and Commissioners Bender and Rennels were present. Ms O'Connor presented and requested the Board to accept the Juvenile Accountability Incentive Block Grant (JAIBG) and EEOP Certification for the period beginning October 1, 2002 through September 31, 2003.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners accept JAIBG and EEOP certification as presented.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 3:55 p.m.

__________________________________

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

__________________________________

Jean M. O'Connor, Clerk to the Board

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.